Consumer Protection Antitrust & Trade Regulation Privacy

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Privacy Tip #20 – FTC releases new online tools for identity theft victims-take advantage of them!

As one who is frequently asked “What happens when I become the victim of identity theft?” or “How do I prevent myself from becoming the victim of identity theft?”, I am a pretty big fan of the FTC’s website and refer people...more

U.S.-EU Safe Harbor Agreement Reached: Introducing the EU-U.S. Privacy Shield

United States and European Union Commission negotiators announced today that they have reached a political agreement on a new data transfer framework that will replace the Safe Harbor Program, which was invalidated in 2015 by...more

US and EU “Privacy Shield” Framework for Cross-Border Data Transfers Submitted to Article 29 Working Party Today

On the same day that groundhog Punxsutawney Phil predicted an early Spring, the EU College of Commissioners brought some sunshine of its own, announcing yesterday that it has reached an agreement with the U.S. on transfers of...more

New EU-US Privacy Shield

On February 2, two days after the deadline set by Europe for agreement on a new Safe Harbor governing US access to the personal data of European citizens, US and EU negotiators announced that they had agreed upon a framework...more

Safe Harbor Part Deux: The Privacy Shield

This week began like many. An arbitrary deadline came and went – this one, January 31, 2016, was set by the Article 29 Working Party for European and United States regulators to address the void created by the invalidation of...more

FTC Throws Down the Gauntlet To Information Providers and Users

The Federal Trade Commission (FTC) started the New Year by throwing down the gauntlet to organizations that sell, buy or otherwise provide or use “Big Data” analytics, particularly including employers, creditors, landlords,...more

EU Commission and United States Agree on New “Privacy Shield” for Trans-Atlantic Data Flow

U.S. and European Commission officials announced on Tuesday that they have reached an agreement in principle on a new EU-U.S. Privacy Shield to permit the flow of data between Europe and the United States. The new deal...more

FTC Updates IdentityTheft.gov Website

The Federal Trade Commission (FTC) has announced updates to the IdentityTheft.govwebsite aimed at making the site more useful to victims of identity theft. The changes will enable consumers to quickly file complaints and...more

Privacy & Cybersecurity Update - January 2016

In this edition of our Privacy & Cybersecurity Update, we discuss, among other matters, the status of the EU/U.S. Safe Harbor negotiations, as well as changes to privacy laws in Delaware and California that regulate online...more

Cybersecurity: What is on the horizon for 2016

JD Supra recently published an attorney perspective piece on defining cybersecurity issues for 2016. It should come as no surprise that resolution of insurance coverage issues made the list. Despite a plethora of data...more

FTC Enforcement in Schein: Misleading Statements about Encryption and Cybersecurity

On January 5, 2015, the Federal Trade Commission (FTC) entered into a consent order with dental software manufacturer Henry Schein Practice Solutions, Inc. ("Schein") in connection with allegations that Schein had made...more

Wyndham Settles with FTC

Last month, Wyndham Worldwide Corp. settled its lengthy civil case with the Federal Trade Commission. The suit began in 2012, when the FTC sued Wyndham and three of its subsidiaries, alleging three data breaches between 2008...more

FTC warns, connected baby monitors are more susceptible to hackers

At the PrivacyCon event held by the Federal Trade Commission (FTC) last week in Washington, D.C., the FTC warned that several brands of baby monitors lack basic security features like complex passwords and data encryption,...more

"Emerging Trends in Privacy and Cybersecurity"

Entering 2016, the relentless stream of cyberattacks continues unabated, having become a "business as usual" reality to which companies must adapt. All companies, regardless of size or industry, are potential targets, and the...more

FTC and Wyndham Settle Suit Regarding Wyndham's Alleged Cybersecurity Failures

On December 9, 2015, the Federal Trade Commission (the "FTC") and Wyndham Worldwide Corporation (and three additional Wyndham entities, collectively, "Wyndham") filed a stipulated order ("Stipulated Order") settling their...more

Advertising Law - January 2016

Ending Challenge to FTC's Data Security Authority, Wyndham Settles - In a significant development, Wyndham Hotels and Resorts reached a deal with the Federal Trade Commission in the high-profile litigation that began...more

Swarming Regulation of Personal Data in the US Tech Sector

Sectoral regulation of privacy and information security in the United States has created a complex system for tech innovation, because new products and services transcend the traditional sectoral boundaries and because...more

No Harm, No Foul? Defining FTC’s Authority Over Data Security

Given the frequency of high-profile breaches, it’s reasonable for companies and consumers to be not only fearful but also realistic (or some would say fatalistic) about data security. It’s not a question of if a security...more

Lessons Learned from LabMD's Successful Challenge to the FTC's Cyber Authority and Wyndham's Monumental Settlement with the FTC

On the shifting sands of cyber security regulation, it is important to understand the outcome of two recent enforcement cases brought by the Federal Trade Commission (FTC) – one against clinical lab services company LabMD,...more

The Digital Download - Privacy & Data Security Monthly Newsletter - January 2016

Senior Counsel Peter Swire to Debate European Privacy Activist Max Schrems. The debate, set to take place on January 26 in Brussels, will highlight key differences between certain European and U.S. attitudes towards U.S....more

FTC settles with software provider over misleading customers about encryption of patient data

The Federal Trade Commission (FTC) announced on January 5, 2016, that it has agreed to settle an investigation with Henry Schein Practice Solutions, Inc. (Schein), an office management software provider for dental practices...more

FTC Prosecutes Serving of Behavior Ads on Kids’ Apps

The Federal Trade Commission reminded publishers and advertisers recently that the Children’s Online Privacy Protection Act (COPPA) prohibits data collection, absent verified parental consent, for behavioral (interest-based)...more

FTC Reveals Agenda for PrivacyCon

On December 29, the FTC revealed the full agenda for PrivacyCon, a Washington, D.C. conference scheduled to take place on January 14, 2016. Participants will examine current research and trends related to consumer privacy and...more

As if a 20-Year Consent Order Wasn’t Enough Fun: FTC Brings First Monetary Settlement in Information Security Case

The FTC reached a $250,000 settlement with a 20-year consent order with Henry Schein Practice Solutions, Inc. over its use of allegedly subpar encryption technology in its offering to dental practices. This settlement is...more

LabMD and Wyndham Decisions Curtail FTC’s Data Privacy and Security Reach

Both the administrative law judge’s decision in LabMD and the Third Circuit’s recent decision in Wyndham, which we previously blogged about, put the FTC on notice that it cannot assume that in the wake of a security breach,...more

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